my husband deserted me and my minor daughter 6 years ago. we have filed for maintenance before family court under sec 18 and 20 of hindu adaption and maintenance act. the family granted maintenance to us on 06.08.2011. my husband filed appeal against the said family court decree before high court. high court while admitting the case directed my husband to deposit/pay half of the arrears in one month as decreed/awarded by the family court and continue to pay half of the future maintenance every month. but my husband did not deposit the money with in one month. so i have filed for execution petition to recover maintenance. while the E.P is pending, my husband again filed fcamp in fca before high court seeking 2 weeks time to comply its earlier order. high court passed interium direction in his fcamp and granted 2 weeks time to him to comply earlier high court direction. as per high court order, my husband has to pay 7 lakhs. he gave banker 3 cheques for the amount . two of teh banker cheques are stalled and bank returned these 2 cheques. i have encashed one checque for the amount Rs. 3.5 lakhs only. i have returned stalled bank cheques to his advocate thru legal notice. but they did not revalidate the cheques and did not give. so he only paid Rs. 3.5 lakhs. but he did not pay Rs. 3.5 lakhs. again he did not comply high court order. so teh high court dismissed his fcamp in november 2012 ( misc petition) and gave liberty to me to proceed with E.P.
in the E.P he filed a false affidavit in December 2012 through his advocate before the court stating that he paid Rs. 7 Lakhs and he complied high court direction. he again filed another false affidavit through his advocate in April 2013 saying that he paid Rs. 8 lakhs and complied high court order.
1) how can i take action against my husband for filing false affidavit 2 times through his advocate?
what is section is applicable to this? ( is it sce 340 cr.p.c or 500 IPC or any other section??? )
2. do i have to file petition in the pending E.P as a E.A? or can I file a fresh petition before the same Execution court?
3. does it come under criminal case?
pls advise .
regards
